Whitesell Corp. v. Electrolux Home Prods.
In this Rule 26 discovery case, court says sanctions are inappropriate where the defendant had no duty to disclose its expert’s “intermediary” working paper; however, sanctions are appropriate related to the expert’s miscalculations; court finds expert testimony is admissible under Daubert.
Expert’s Damages Testimony Prompts Motion for Sanctions and Motion to Exclude Under Daubert
In this Rule 26 discovery case, court says sanctions are inappropriate where the defendant had no duty to disclose its expert’s “intermediary” working paper; however, sanctions are appropriate related to the expert’s miscalculations; court finds expert testimony is admissible under Daubert.
Federal Circuit Court Affirms Requirements for Entire Market Value Rule
Federal Circuit Court upholds application of entire market value rule to calculation of patent infringement damages when plaintiff showed that patented features of apparatus was basis for consumer demand.
Funai Electric Co. v. Daewoo Electronics Corp. (II)
Federal Circuit Court upholds application of entire market value rule to calculation of patent infringement damages when plaintiff showed that patented features of apparatus was basis for consumer demand.
Keeping Market Share Reconstruction From Lapsing Into Speculation
Court upholds $9.5 million damages award for patent infringement based on market share method and reasonable royalty analysis.
Funai Electric Co. v. Daewoo Electronics Corp. (I)
Court upholds $9.5 million damages award for patent infringement based on market share method and reasonable royalty analysis.
Cooper Distributing Co., Inc. v. Amana Refrigeration, Inc.
At issue is the valuation of an appliance distributor franchise.
Value of a Business Must Be Objectively Determined; Lost Profits May Be Included in Fair Market Value
Amana Refrigeration terminated its distribution relationship with Cooper Distributing for reasons other than unsatisfactory performance on Cooper's part.
Valuation Date Does Not Reflect All Lost Profits
The U.S. Court of Appeals for the 3rd Circuit considered the district court's damage award in termination of franchise matter.